Walt Disney Prevails in a Trademark Dispute

Mickey Mouse, presented by Walt Disney, a globally recognized cartoon image, now recently suffered a trademark dispute.

A Fujian based children's products manufacturer BBMIQI filed for百变米奇(pronunciation like Mickey in Chinese) as registered trademark, certified to be used on Class 25. Walt Disney challenged BBMIQI's registration. the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce revoked the trademark registrations for products on Class 25 except for baby clothes, swimwear. Walt Disney filed a suit under the court and Beijing Higher People's Court upheld TRAB's decision.

The court held that the "米奇" in the trademark pronounces like Mickey in Chinese, to Chinese customers, 米奇 and Mickey are both synonyms of Mickey Mouse. The "百变" is just adjective describing "米奇", fails to make "百变米奇" distinctive from Mickey Mouse substantially. The two marks could easily cause confusion among the public and similarity has been constituted. The Beijing Higher People's Court made a final decision, upholding TRAB's decision.


Source: China IP News